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News in Brief

Article • August 1, 2025 • from CLN August, 2025

Filed under: Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of

News in Brief by Alabama: Walker County Sheriff Nick Smith faces six misdemeanor counts after a grand jury indicted him on May 30, 2025, for knowingly employing uncertified personnel. WBRC in Birmingham reported that Smith’s second-in-command, Chief Deputy Ralph Williams, was also indicted on one count of providing false or …

News in Brief

Article • July 1, 2025 • from CLN July, 2025

Filed under: Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony

News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-defendant Jordan Hammond, through the Signal app, …

News in Brief

Article • May 15, 2025 • from CLN June, 2025

Filed under: News in Brief

News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …

Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing...

Article • March 15, 2025 • from CLN April, 2025

Filed under: Videotaping, Wiretap Evidence, Suppression

Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that when police secretly make a warrantless …

Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ine...

Article • March 15, 2025 • from CLN April, 2025

Filed under: Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest

Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …

Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction

Article • February 15, 2025 • from CLN March, 2025

Filed under: Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment

Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …

First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participan...

Article • February 15, 2025 • from CLN March, 2025

Filed under: Mitigating Role/Circumstances/Evidence, "Criminal Offenses"

First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant by David Reutter by David M. Reutter The United States Court of Appeals for the First Circuit vacated a two-level sentencing enhancement imposed …

Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or ...

Article • February 1, 2025 • from CLN February, 2025

Filed under: Counsel - Right to, Knowingly and Voluntarily Made

Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts held that a defendant did not knowingly and …

News in Brief

Article • February 1, 2025 • from CLN February, 2025

Filed under: News in Brief

News in Brief by Arizona: Phoenix resident Penny McCarthy, 66, endured a terrifying ordeal after United States Marshals arrested her at gunpoint in her home, mistaking her for a fugitive, according to KNXV. Body camera footage shows officers refusing to confirm her identity despite McCarthy repeatedly asking them. “I truly …

News In Brief

Article • December 1, 2024 • from CLN December, 2024

Filed under: News in Brief

News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …

News In Brief

Article • November 1, 2024 • from CLN November, 2024

Filed under: News in Brief

News In Brief by Alabama: WSFA out of Mobile reported that on August 22 and 23, 2024, a sex trafficking sting operation occurring in several jurisdictions resulted in the arrests of 11 men. Montgomery County Sheriff Derrick Cunningham and other law enforcement officials discussed the results at a press conference. …

News in Brief

Article • September 1, 2024 • from CLN September, 2024

Filed under: News in Brief

News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …

First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling

Article • September 1, 2024 • from CLN September, 2024

Filed under: Appeals/Appellate Jurisdiction, Doctrine of Abatement, Death Certificate(s)

First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling by Douglas Ankney by Douglas Ankney In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when …

Evelyn v. Jenkins, MA, Complaint, Restrictive Housing, 2024

Brief • July 1, 2024

Filed under: Control Units/SHU/Solitary Confinement

Evelyn v. Jenkins, MA, Complaint, Restrictive Housing, 2024

Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard

Article • June 15, 2024 • from CLN June, 2024

Filed under: Cell Site Location Information ("CSLI"), Opinions and Expert Testimony, Daubert Standards

Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard by Douglas Ankney by Douglas Ankney   In a case of first impression, the Massachusetts Supreme Judicial Court affirmed a trial court’s exclusion of expert testimony …

Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences

Article • May 15, 2024 • from CLN May, 2024

Filed under: Life without Parole (LWOP), Juveniles, Juvenile Offenses/Offenders

Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts extended the holding of Diatchenko v. District Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013) (sentence of life without parole for first-degree murder …

Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings

Article • April 15, 2024 • from CLN April, 2024

Filed under: Police Misconduct, Recordings, Police/Govt Misconduct, Writings, Recordings & Photographs, Tape Recordings

Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings by The Massachusetts State Police (“MSP”) is the defendant in a potential class action lawsuit alleging that troopers secretly recorded nearly 200 individuals during criminal investigations, many of them drug cases. These recordings made by a phone app called …

Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial

Article • April 15, 2024 • from CLN April, 2024

Filed under: Counsel - Constructive denial of, Sleeping Lawyer

Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial by David Reutter by David M. Reutter In a case of first impression, the Massachusetts Supreme Judicial Court held that “a defendant constructively is deprived of …

First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’

Article • March 15, 2024 • from CLN March, 2024

Filed under: Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness

First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda …

Commonwealth of Mass-Standard Contract -Inmate Calling Solutions 2024

Publication • December 21, 2023

Filed under: Private Phone Contractors

Commonwealth of Mass-Standard Contract -Inmate Calling Solutions 2024 Commonwealth of Massachusetts Standard Contract Form Instructions and Contractor Certifications This form is jointly issued and published by the Office of the Comptroller (CTR), the Executive Office for Administration and Finance (ANF), and the Operational Services Division (OSD) as the default contract …